Copyright is a right given by the law to creators of literary (computer programme), dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Important points:
- Copyright protects the expression of an idea, not the idea itself.
- The work must be original (not copied).
- Copyright exists automatically from the moment of creation; registration is not mandatory but serves as evidence.
A work means any of the following, namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording.
What are the classes of works for which copyright protection is available in India?
Copyright subsists throughout India in the following classes of works:
- Original literary, dramatic, musical and artistic works
- Cinematograph films
- Sound recordings
What is a Literary Work?
The Act states that copyright subsists in original literary work. Section 2(o) of the Act provides that:
“Literary work” includes computer programmes, tables and compilations including computer databases.
The term ‘literary’ refers to written or printed matter. Literary works include, but are not limited to: Textbooks, Poems, Magazines, Catalogues, Letters, Novels, Dissertations, Lyrics of songs, etc.
What is a Computer Programme?
“Computer programme” means a set of instructions expressed in words, codes, schemes or in any other form, including a machine-readable medium, capable of causing a computer to perform a particular task or achieve a particular result.
Note: The applicant is advised to submit an application for registration of the computer programme under the Software category (not under the Literary category), along with the source code.
What is a Dramatic Work?
Section 2(h) provides that “dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, the form of which is fixed in writing or otherwise, but does not include a cinematograph film.
What is an Artistic Work?
An artistic work means:
- A painting, sculpture, drawing (including diagram, map, chart or plan), engraving or photograph, whether or not such work possesses artistic quality
- A work of architecture
- Any other work of artistic craftsmanship
What is a Musical Work?
“Musical work” means a work consisting of music and includes any graphical notation of such work, but does not include any words or any action intended to be sung, spoken or performed with the music.
A musical work need not be written down to enjoy copyright protection.
What is a Sound Recording?
“Sound recording” means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.
A phonogram and a CD-ROM are sound recordings.
What is a Cinematograph Film?
“Cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means.
It includes a sound recording accompanying such visual recording and includes video films or any work produced by a process analogous to cinematography.
What is Government Work?
“Government work” means a work which is made or published by or under the direction or control of: The Government or any department of the Government, Any legislature in India, Any court, tribunal or other judicial authority in India.
Whose rights are protected by copyright?
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings.
Who is the first owner of copyright in a work?
Ordinarily the author is the first owner of copyright in a work.
Who is an author?
- In the case of a literary or dramatic work: the person who creates the work.
- In the case of a musical work: the composer.
- In the case of an artistic work other than a photograph: the artist.
- In the case of a photograph: the photographer.
- In the case of a cinematograph film: the producer.
- In the case of a sound recording: the producer.
- In the case of a computer-generated work: the person who causes the work to be created.
Who all have rights in a musical sound recording?
There are many right holders in a musical sound recording. For example, the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician(s) who performed the background music, and the person or company who produced the sound recording.
Who is the owner of copyright in a government work?
In the case of a government work, the government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Who is the owner of copyright in the work of a public undertaking?
In the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Who is the owner of copyright in works by journalists during the course of their employment?
In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, but in all other respects the author shall be the first owner of the copyright in the work.
Who is the owner of a work produced during the course of the author’s employment?
In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Who is the owner of the copyright in the case of a work produced for valuable consideration at the instance of another person?
In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Is copyright assignable?
Yes. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.
Can an author relinquish copyright and, if so, how?
The author of a work may relinquish all or any of the rights comprising the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights.
Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration and the entries made therein serve as prima facie evidence in a court of law with reference to disputes relating to ownership of copyright. The Copyright Office has been set up to provide registration facilities to all types of works.
What is the procedure for registration of a work under the Copyright Act, 1957?
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office under the office of CGPDTM, Department For Promotion of Industry and Internal Trade, Ministry of Commerce and Industry.
The entries made in the Register of Copyrights serve as prima facie evidence in the court of law.
What are the guidelines regarding registration of a work under the Copyright Act?
The procedure for registration is as follows:
- Every application for registration of copyright shall be made in Form-XIV and every application for registration of changes in the particulars of copyright entered in the Register of Copyright shall be made in Form-XV.
- Every such application shall be in respect of one work only, and shall be accompanied by the fee specified in the Second Schedule in this behalf.
- Every application should be signed only by the applicant, who may be an author or owner of right. If the application is submitted by the owner of copyright, it shall be enclosed with an original copy of no objection certificate issued by the author in his favour.
- Every application for registration of an unpublished work shall be accompanied by two copies of the work.
- Every application for registration of a computer programme shall be accompanied by at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.
- Every application for registration in respect of an artistic work which is used or is capable of being used in relation to any goods or services, such application shall include a statement to that effect and shall be accompanied by a certificate (TM-C) from the Registrar of Trade Marks referred to in section 3 of the Trade Marks Act, 1999, to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.
- Every application for registration in respect of an artistic work which is capable of being registered as a design under the Designs Act, 2000, such application shall be accompanied by a statement in the form of an affidavit containing the following, namely (a) it has not been registered under the Designs Act, 2000; and (b) it has not been applied to an article through an industrial process and reproduced more than fifty times.
- Every such application can be filed in the Copyright Office by person or by post or by online filing facility as provided on the website of the Copyright Office.
- The person applying for registration shall give notice of his application to every person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it.
- If no objection to such registration is received by the Registrar of Copyrights within thirty days of the receipt of the application, the Registrar of Copyrights shall, if satisfied about the correctness of the particulars given in the application, enter such particulars in the Register of Copyrights.
- If the Registrar of Copyrights receives any objections for such registration within the time specified in sub-rule (10), or, if he or she is not satisfied about the correctness of the particulars given in the application, he or she may, after holding such inquiry as he or she deems fit, enter such particulars of the work in the Register of Copyrights as he or she considers necessary.
- The Registrar of Copyrights shall give an opportunity of hearing before rejecting any application filed for registration of any work.
- The process of registration is deemed to be completed only when a copy of the entries made in the Register of Copyrights is signed and issued by the Registrar of Copyrights or by Deputy Registrar of Copyrights, to whom such authority is delegated.
- The Registrar of Copyrights shall, as soon as may be, send, wherever practicable, a copy of the entries made in the Register of Copyrights to the parties concerned.
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form XV with prescribed fee.
Contact: Copyright Office, Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110078. Email: copyright[at]nic[dot]in, Phone: 011-28032496
What is the term of protection of copyright?
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
